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Ghaleb Nassar Al Bihani
| place_of_birth = | date_of_arrest = | place_of_arrest= | arresting_authority= | date_of_release = | place_of_release= | date_of_death = | place_of_death = | citizenship = | detained_at = Guantanamo | id_number = 128 | group = | alias = Ghaleb Nassar al Bahani | charge = No charge (extrajudicial detention) | penalty = | status = Still held in Guantanamo | csrt_summary = | csrt_transcript= | occupation = | spouse = | parents = | children = }} Ghaleb Nassar Al Bihani is a citizen of Yemen currently held in the United States Guantanamo Bay detainment camps, in Cuba. The Department of Defence assigned Al Bihani the Internment Serial Number 128 and American intelligence analysts estimate that he was born in 1980, in Tabokh, Saudi Arabia. Multiple media outlets reported that al Bihani had simply been a cook for the Taliban's 55th Arab Brigade. Al Bihani's habeas corpus petition was the first one to be ruled on by a higher court. As of May 2010, Ghaleb Nassar Al Bihani has been confined at Guantanamo camps for eight years four months. Combatant Status Review Tribunal s were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirrorInside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004 Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. ]] Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Ghaleb Nassar Al Bahani's Combatant Status Review Tribunal, on 12 October 2004. The memo listed the following allegations against him: Transcript Al Bihani chose to participate in his Combatant Status Review Tribunal.Summarized transcripts (.pdf), from Ghaleb Nassar Al Bihani's Combatant Status Review Tribunal - pages 23-26 Allegations The allegations Al Bihani faced during his Tribunal were: . }} Administrative Review Board hearings | pages=1 | author=Spc Timothy Book | date=Friday March 10, 2006 | accessdate=2007-10-10 }}]] Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant". They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. First annual Administrative Review Board A Summary of Evidence memo was prepared for Ghaleb Nassar Al Bihani's Administrative Review Board, on 18 October 2005. The memo listed factors for and against his continued detention. Second annual Administrative Review Board A Summary of Evidence memo was prepared for Ghaleb Nassar Al Bihani's second annual Administrative Review Board, on 19 June 2006. The memo listed factors for and against his continued detention. Writ of habeas corpus Ghaleb Nassar Al Bihani had a writ of habeas corpus filed on his behalf before US District Court Judge Richard J. Leon. mirror On January 29, 2009 Leon ruled that his CSR Tribunal had appropriated classified Al Bihani, as an enemy combatant—even though he had only served as a cook, quoting Napoleon Bonaparte: "An Army marches on its stomach." Ghaleb's lawyer, Shereen Charlick, appealed Leon's ruling to a panel of the DC Circuit Court of Appeals. According to Charlick those in the 55th Arab Brigade “never had a chance to declare themselves neutral,” and Ghaleb, “was fleeing. He was trying to run away. One could argue that he assisted the United States’ effort by surrendering.” A panel of three judges, Janice Rogers Brown, Brett Kavanaugh and Stephen Williams convened on October 2, 2009 to hear Ghaleb's appeal. Although the judges expressed some skeptical comments they did not release a ruling. The October 2, 2009 hearing was open to the public. According to the ''Blog of Legal Times Charlick had wanted to attend the September 15, 2009 hearing of the appeal of Leon's ruling on Bensayah Belkacem, because his case was similar to Ghaleb's. But the judges ruling on Bensayah's appeal had cleared the court, in order to hear classified evidence. Charlick was excluded, in spite of the security clearance she was granted in order to see classified evidence against Ghaleb. The appeal panel made its ruling on January 5, 2010. John Schwartz, writing in the New York Times, calling the ruling "sweeping", wrote the judges found: "...that the presidential war power to detain those suspected of terrorism is not limited even by international law of war." According to Schwartz, an expert in the Guantanamo cases, Eric M. Freedman of Hofstra University characterized the panel's ruling as having: “gone out of its way to poke a stick in the eye of the Supreme Court”. CNN reported that the ruling would apply to all other captives. See also * Tolfiq Nassar Ahmed Al Bihani his brother References External links * Who Are the Remaining Prisoners in Guantánamo? Part Two: Captured in Afghanistan (2001) Andy Worthington, September 17, 2010 *Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010) *Nine Years After 9/11, US Court Concedes that International Laws of War Restrict President’s Wartime Powers Andy Worthington, September 8, 2010 Category:People held at the Guantanamo Bay detention camp Category:Yemeni extrajudicial prisoners of the United States Category:Living people Category:Year of birth uncertain